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Intellectual Property Litigation Artificial Intelligence

Ervin Cohen & Jessup LLP

Kadrey v. Meta: The First Major Test of Fair Use in the Age of Generative AI

On May 1, 2025, a federal courtroom in San Francisco became ground zero for one of the most consequential copyright hearings in recent memory. The three hour hearing in Kadrey v. Meta Platforms marked the first major judicial...more

DarrowEverett LLP

Generative AI and Trade Secrets: A New Frontier for IP Litigation

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As legal and business professionals focused on protecting intellectual property—especially those of us in business litigation—it's crucial to stay attuned to the expanding influence of generative AI (“GenAI”). While patents...more

Mintz - Intellectual Property Viewpoints

Recentive Analytics v. Fox: The Federal Circuit Provides Analysis on the Patent Eligibility of Machine Learning Claims

On April 18, 2025, the Federal Circuit remained consistent with previous Alice decisions by holding that four machine learning patents involved in a dispute between Recentive Analytics, Inc. and Fox Corp. were ineligible...more

Baker Botts L.L.P.

Intellectual Property Report May 2025

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On April 18, 2025, the United States Court of Appeals for the Federal Circuit ("Federal Circuit") issued a significant decision in Recentive Analytics, Inc. v. Fox Corp., Case No. 2023-2437 (Apr. 18, 2025), affirming...more

Amundsen Davis LLC

[Webinar] Breakfast Briefing: Navigating IP Rights in the AI Boom - May 7th, 12:00 pm - 1:00 pm CT

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Artificial intelligence (AI) is increasingly being integrated into business models across industries and it is not hard to see why. After all, it can increase operational efficiency and reduce costs by quickly creating...more

J.S. Held

Evolving Landscape of Technology Rights Enforcement

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Established 25 years ago at the turn of the century by the World Intellectual Property Organization (WIPO), World IP Day celebrates the unique contributions made by global inventors and creators. Over the past half century,...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Recentive Analytics, Inc., v. Fox Corp.

Recentive Analytics, Inc., v. Fox Corp., Appeal No. 2023-2437 (Fed. Cir. Apr. 18, 2025) In our Case of the Week, the Federal Circuit addressed a question of first impression concerning whether developments in machine...more

BakerHostetler

[Podcast] Slings and Arrows: Trade Secret Trends Reflect a Need for Safeguards

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Consider trade secret enforcement your armor on the battlefields of IP. Given greater exposure to cybersecurity breaches and data theft, a murky future for employee noncompete agreements, AI algorithms that challenge the...more

BakerHostetler

[Podcast] A New World: Indemnification, Artificial Intelligence and Intellectual Property

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To describe the rise of artificial intelligence (AI) as rapid is a vast understatement. From its ubiquitous presence assisting us in our most mundane daily tasks to its warm embrace by business leaders eager to revolutionize...more

Sheppard Mullin Richter & Hampton LLP

You Snooze, You Lose: Federal Circuit Emphasized Once Again the Importance of Preserving Issues for Appellate Review

AliveCor, Inc. v. Apple, Inc., No. 23-1512 (Fed. Cir. 2025) – On March 7, 2025, the Federal Circuit affirmed the Patent Trial and Appeal Board’s inter partes review (“IPR”) decisions invalidating all claims of three AliveCor...more

Dorsey & Whitney LLP

To Recuse or Not to Recuse? An Update.

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Given that litigation in the United States can take years from start to finish, we rarely see a conclusion to the cases we follow. In a prior blog post, we looked at the potential recusal requirements of the U.S. Supreme...more

J.S. Held

Utilizing Digital Forensics Expertise in Intellectual Property, Copyright & Trade Secret Matters

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Need Assessment, Vetting, and Identification of a Reliable Expert in the Digital Forensics Process - Whether your organization is looking for advisory and expert support for an internal investigation into allegations of...more

Benesch

AI Reporter - April 2025

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There were several notable developments in March in the AI copyright lawsuits previously reported here. Google, OpenAI, and Anthropic scored partial dismissals in their respective cases. These results show that the...more

Sheppard Mullin Richter & Hampton LLP

Court Grants Interlocutory Appeal on AI Fair Use Issue

We previously reported on the groundbreaking AI Fair Use ruling in the Thomson Reuters Ross Intelligence case, where the court found that based on the facts of this case fair use was not a defense. Ross Intelligence moved,...more

Womble Bond Dickinson

DC Circuit Weighs in On Human Authorship

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The DC Circuit has reaffirmed and reinforced longstanding Copyright Office policy that only humans can be authors....more

Baker Botts L.L.P.

Intellectual Property Report April 2025

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The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty....more

Baker Botts L.L.P.

AI Legal Watch: March 27, 2025

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The recent decision in Thaler v. Perlmutter et al., No. 23-5233 (D.C. Cir. 2025) offers continued guidance on whether “authorship” can be attributed to AI systems (i.e., non-humans) under Copyright Law. The D.C. Circuit...more

Farella Braun + Martel LLP

Injunctive Relief Is Not Yet a Viable Remedy for Copyright Infringement Claims Involving GenAI

Since a February 11, 2025 decision by Judge Stephanos Bibas finding in favor of Plaintiff Thomson Reuters on copyright infringement during the model training process in Thomson Reuters Enterprise Centre GmbH et al. v. ROSS...more

Foley Hoag LLP

D.C. Circuit Holds that AI-Generated Artwork is Ineligible for Copyright Protection

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Key Takeaways: - Confirming the position of the Copyright Office and past precedent considering the possibility of non-human authors, the D.C. Circuit held this week that the Copyright Act does not protect works created...more

McCarter & English, LLP

Paradise Lost: DC Circuit Affirms AI Has No Soul

Is copyright limited to human authorship? Or, may artificial intelligence create a work of art or write a novel that qualifies for copyright protection? Recently a federal appeals court concluded that only humans are entitled...more

DLA Piper

Another Chinese Court Finds that AI-Generated Images Can Be Protected by Copyright: The Changshu People’s Court and the ‘Half...

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On 7 March 2025, the Changshu People’s Court (in China’s Jiangsu province) announced that it had recently concluded a case on the topical issue of whether AI-generated works can be protected by copyright. In the case, a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Appellate Court Affirms Human Authorship Requirement for Copyrighting AI-Generated Works

The U.S. Court of Appeals for the D.C. Circuit has affirmed a district court ruling that human authorship is a bedrock requirement to register a copyright, and that an artificial intelligence system cannot be deemed the...more

Goodwin

PTAB’s Reversal Sheds Light on Quantum Computing Patents

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Despite its potential to transform the global economy and impact national security, quantum computing has advanced largely outside public scrutiny. Artificial intelligence has dominated public discourse, while quantum...more

Lowndes

When the Machine Becomes the Creator: Artificial Intelligence v. the Human Creator Requirements of U.S. Copyright Law

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On March 18, 2025 the U.S. Supreme Court issued its decision in Stephen Thaler v. Shira Perlmutter et al., confirming that U.S. law requires human authorship. Specifically, the question presented to the Court was “can a...more

Minerva26

Generative AI in eDiscovery – The Legal Questions No One Saw Coming

Minerva26 on

Generative AI has been transforming the legal industry, assisting with everything from case law summarization to document review and legal research. But as its adoption accelerates, new legal questions are emerging: Should...more

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